Like it or not, a Trump self-pardon may be coming soon

[nitpicker]

Last edited Sat Nov 7, 2020, 02:18 PM - Edit history (1)

https://thehill.com/opinion/white-house/524786-like-it-or-not-a-trump-self-pardon-may-be-coming-soon

Like it or not, a Trump self-pardon may be coming soon
BY JEFFREY CROUCH, OPINION CONTRIBUTOR — 11/06/20 12:30 PM EST

On July 22, 2017, President Trump tweeted that he had the “complete power to pardon.” Roughly a year later, he tweeted about his “absolute right to PARDON myself.” Should he lose his reelection bid to Democratic presidential nominee Joe Biden (Trump’s campaign is currently challenging vote counts in several states), a lame-duck Trump would be well-positioned to finally put these beliefs into action by pardoning himself before leaving office on Jan. 20, 2021.
(snip)

May Trump self-pardon? Article II of the Constitution contains broad, virtually unlimited clemency language that allows the president to forgive any federal crime. However, the Constitution is silent on the self-pardon question, and there is no example of an American president ever following through on a self-pardon attempt. The case for a self-pardon being constitutionally allowed rests heavily on the principle that the Constitution does not forbid the practice, therefore it should be permissible. Much of the case law on the president’s pardon power upholds a broad clemency power and defers largely to the president’s judgment. The arguments against a self-pardon include the view that the clemency power should be checked by other provisions of the Constitution, and that serving as a judge in one’s own case is generally not recognized by American legal standards.

Should Trump attempt to pardon himself, a Supreme Court case suggests that such a move is akin to admitting guilt. In other words, a self-pardon would ultimately be self-defeating because it would supply the impetus needed by Congress to deploy the ultimate constitutional remedy for abuses of power: impeachment. Of course, Trump has already been impeached once. Would a Democratic House try to impeach him again if he ends up having to exit the White House early next year? Unlikely.

Under these unique circumstances, then, impeachment would seem to be an ineffective deterrent, and therefore a self-pardon might succeed. It is unclear who, if anyone, would have the necessary legal standing required to challenge a presidential self-pardon in court. And even if a challenge was successfully brought, the ultimate decision would likely rest with the United States Supreme Court. How many of its six Republican-appointed justices (including three nominated by Trump himself) would oppose a Republican president’s self-pardon attempt? Unclear.
(snip)

[sboatcar]

1. He can't pardon himself for crimes in New York State tho

[lagomorph777]

10. He can't pardon himself from anything.

You think he even says "pardon me" when he farts?

But seriously, it's just a laughable fantasy.

[PoindexterOglethorpe]

2. So what if he pardons himself for federal crimes?

There are still a whole bunch of state ones he can't pardon. Which the appropriate authorities in NYS are currently pursuing.

[The Velveteen Ocelot]

3. Go for it, Spanky. The Manhattan DA will be waiting.

[catbyte]

4. Won't save him from state charges and they have teeth.

[lagomorph777]

9. Won't save him from anything. It's a complete fantasy.

[Thomas Hurt]

5. Donnie is going to pardon himself for crimes he will insist he didn't commit.

[dhill926]

6. would just be another stain on his sullied presidency...

[lagomorph777]

7. This would of course be summarily rejected, but if it keeps Pence from doing the job,

I'm all for it.

[ResistantAmerican17]

8. Hey Loser Donald, Letitia James is holding on line 1.

[czarjak]

11. "Only the guilty need pardons? Remember!

[1plus1equals1]

12. Pardon for what? He hasn't been convicted of a crime.

To receive a pardon one must be charged and convicted of a crime.

[ThoughtCriminal]

13. "Pre-emptive" pardons should have been challenged years ago

Even setting aside the question of "self-pardon", pre-emptive pardons are pure obstruction. Pardons are a tool to correct judicial injustice. They should not be allowed to prevent due process and justice from having their day in court. It should be left to Trump's successors to decide - AFTER any convictions have been made.

It should be challenged and if upheld, a Constitutional Amendment introduced to limit the power of a President to pardon one's self or members of immediate family and only to those CONVICTED of a Federal crime.

Further, I think now is the time for the Democrats in the House to make it clear that they will subpoena ANY and ALL individuals that receive Trump pardons. They cannot refuse (and with a new AG, they can count on it being enforced). Also, they would not be able to claim the 5th Amendment against self-incrimination, since if pre-emptive pardons are valid, they could not be charged. They would not be immune since a pardon cannot cover "Future crimes".